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South Dakota

South Dakota Codified Laws. Title 41. Game, Fish, Parks and Forestry. Chapter 41-1. Definitions and General Provisions. 41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor

Statute Details
Printable Version
Citation: S D C L 41-1-8 - 41-1-10

Citation: SD ST 41-1-8 - 41-1-10


Last Checked by Web Center Staff: 12/2013

Summary:   This South Dakota law reflects the state's hunter harassment provision. The law prohibits a person from intentionally interfering with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. This includes actions specifically intended to harass and any activity intended to scare or disturb game with the specific intent of preventing their lawful taking. Violation is a Class 2 misdemeanor. Additionally, any person who disobeys an order of a peace officer to desist from interfering commits a misdemeanor.


Statute in Full:

41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor

No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. No person may engage in any activity specifically intended to harass or otherwise prevent the lawful taking of any game or fish. No person may engage in any activity to scare or disturb any game with specific intent to prevent their lawful taking. This section may not be construed to prohibit a landowner from revoking a prior grant of permission to hunt on his land. A violation of any provision of this section is a Class 2 misdemeanor.


CREDIT(S)

Source: SL 1983, ch 298, § 1.

 

41-1-9. Disobeying order of peace officer to desist from interfering as misdemeanor

Any person who fails to obey the order of a peace officer to desist from conduct in violation of § 41-1-8, if the officer observes such conduct, or has reasonable grounds to believe the person was engaged in such conduct that day or intends to engage in such conduct that day on a specific premises, is guilty of a Class 1 misdemeanor.

CREDIT(S)

Source: SL 1983, ch 298, § 2.

 

41-1-10. Enjoining interference--Damages allowable

The court may enjoin conduct which is in violation of § 41-1-8 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and may reasonably be expected to be repeated. The court may award damages to any person adversely affected by a violation of § 41-1-8. Damages may include an award for punitive damages, license fees, travel, or other expenses which were rendered futile by preventing the licensee from taking game or fish.

CREDIT(S)

Source: SL 1983, ch 298, § 3.

 

 

 



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